Liability to pay royalty--privately owned minerals
284 Liability to pay royalty--privately owned minerals
(1) The holder of a mining lease is liable to pay royalty to the Crown on
privately owned minerals recovered from the mining area as if those minerals
were publicly owned.
(1A) The holder of a mining sublease is liable to pay
royalty to the Crown on privately owned minerals recovered from the sublease
area as if those minerals were publicly owned.
(1B) Despite subsection (1),
the holder of a mining lease remains liable to pay royalty on privately owned
minerals recovered from a sublease area only to the extent that the royalty
has not been paid by the sublessee.
(2) If royalty (including any interest
and penalty tax on royalty) is paid to or recovered by the Chief Commissioner
in respect of a privately owned mineral, the Chief Commissioner is to pay to
the Minister seven-eighths of the amount so paid or recovered.
(2A) The
Minister is to pay that amount to the owner of the mineral.
(3) This section
does not apply to a mining (mineral owner) lease.
